Summary
interpreting as discretionary the language in G.S. 62-118 "[u]pon finding . . . that there is no reasonable probability of a public utility realizing sufficient revenue from a service to meet its expenses, the Commission shall have power . . . to authorize by order any public utility to abandon or reduce such service"
Summary of this case from In re Dennis v. Duke Power Co.Opinion
No. 108A86
Filed 6 January 1987
APPEAL of right by defendant pursuant to N.C.G.S. 7A-30 (2) from the decision of a divided panel of the Court of Appeals, 79 N.C. App. 19, 338 S.E.2d 888 (1986). This Court allowed both parties' petitions for discretionary review of additional issues.
Robert P. Gruber, Executive Director, by Antionette Wike, Chief Counsel, and Vickie L. Moir, for the Public Staff.
I. Beverly Lake, for the applicant-appellant.
On 25 January 1984, the applicant filed an application with the North Carolina Utilities Commission to discontinue water and sewer services. Following a hearing on 10 April 1984, the hearing examiner issued a Recommended Order denying the applicant's request. This order was subsequently adopted by the Commission, with one minor alteration, on 10 September 1984. Applicant appealed to the Court of Appeals which affirmed in part, vacated in part, and remanded, with one judge dissenting.
Heard in the Supreme Court 8 December 1986.
The decision of the Court of Appeals is affirmed, with this modification: the parties may present on remand additional evidence of reasonable expenses of operation and the revenues which the water and sewer systems may reasonably be expected to produce.
Modified and affirmed.
Justice WEBB did not participate in the consideration or decision of this case.